ABSTRACT
The protection available in the United States to innovators in the biological field is examined in this chapter. The conclusion is that patent law policy in the US is designed to implement case law developments, suggesting there is a dynamic between the legislature, judiciary and PTO. The result is that subject-matter eligibility is determined by jurisprudence and, in this regard, the courts have taken a broad view. The flexible approach in interpreting traditional patentability criteria means that biotechnological inventions receive greater protection in the US than its European counterparts. In addition, the Plant Patent Act 1930 extends the range of subject-matter eligible for protection once plant material meets the criteria for patentability. The Plant Variety Protection Act 1970 is complementary and demonstrates the need to confer patent-like protection on a range of plant material not covered by the 1930 Act.
